On Sellers’ Obligation Of Quality Warranties Under The United Nations Convention On Contracts For The International Sale Of Goods

The United Nations Convention on Contracts for the International Sale of Goods(CISG) has widespread influence on the world, which adjusts the relations of the international sale of goods of the international convention. In a contract of sale, the seller to perform its obligation is the key for the implementation of the contract. The seller’s quality guarantee obligation is the basic obligation of the seller, so the provision in the convention on the seller’s quality guarantee obligation is one of the core contents. Based on the article 35 of the convention as the research object, the essay elaborates the important problem to the seller’s quality guarantee obligation through the analysis of UNILEX database and PACE database.Besides preface and conclusion, the full text is divided into four parts.The first part is an overview of the sellers’ obligation of quality warranties in CISG. This section adopts the method of historical analysis to compare different quality guarantee obligations legislation and then comb the legislative history of the provisions of Article 35, and finally introduce the provisions of the sellers’ obligation of quality warranties.The second part carries on the analysis to the seller’s express warranty obligation. Paragraph 1 of article 35 of the convention is rules about the seller’s express warranty obligation.The key to applying paragraph 1 is to determine the terms of the contract content, so in this part, firstly, the essay elaborates the number,quality, and specifications in the contract and then analyzes the form of the contract, including both express and implied forms.The third part discusses the seller’s implied warranty obligation. Second paragraph of article 35 of the convention is seller’s implied warranty obligationon.This section adopts empirical method to analyze the problems of purpose of the goods ordinarily used, pointing out that in principle, the seller only should meet the quality standards and public laws in the country of the seller’s place of business but there are exceptions; to analyze specific purpose and the exceptions; to discuss related problems about sample or model;to elaborate the way of packaging or packing of goods; and finally to analyze the seller’s exemptions of implied warranties as well as exemption limit.The fourth part is to analyze the effects of article 35 on contract law in our country. This section uses text analysis method, through elaborating the provisions of the seller’s liability for quality guarantee of the contract law in our country to put forward some suggestions to get the contract law in China improved.